Kerala High Court
Vijayan vs United India Insurance Company ... on 19 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
SATURDAY, THE 19TH DAY OF FEBRUARY 2022 / 30TH MAGHA, 1943
MACA NO. 1086 OF 2016
AGAINST THE AWARD DATED 03.03.2014 IN OPMV 251/2010 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL VADAKARA
APPELLANT/PETITIONER:
VIJAYAN
AGED 40 YEARS
S/O. SANKARAN, RESIDING AT PULLOTTUKUNNUMMAL HOUSE,
P.O.KOOTHALI, KOZHIKODE.
BY ADV SRI.ZUBAIR PULIKKOOL
RESPONDENT/RESPONDENT NO.3:
UNITED INDIA INSURANCE COMPANY LTD
CHOVVA BRANCH, KALTEX JUNCTION, KANNUR-2.
BY ADV SMT.P.K.SANTHAMMA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 19.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No. 1086 of 2006
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K.VINOD CHANDRAN, J
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M.A.C.A.No.1086 of 2006
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Dated this the 19th day of February, 2022
JUDGMENT
The petitioner is aggrieved with the quantum of compensation
granted; in the appeal. The petitioner's contention is that the notional
income is adopted at only Rs.3500/- and that the disability has been
reduced to 30% from 39.966% assessed by the Medical Board. It is
also submitted that there is very little compensation granted on loss of
amenities, pain and suffering, transport to hospital and extra
nourishment.
2. The learned Standing Counsel for the Insurance Company
submitted that there is a violation of policy. However, there is no
appeal filed by the Insurance Company. Despite the instant appeal
having been filed in 2016, no cross appeal is also filed.
3. Considering the quantum enhancement, this Court is of the
opinion that notional income can be fixed at Rs.7000/- in the year
2009 as held in Ramachandrappa v. Manager, Royal Sundaram
Alliance Insurance Company Ltd. : (2011) 13 SCC 236. The
M.A.C.A.No. 1086 of 2006
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disability having been assessed by a Medical Board, this Court is also
of the opinion that 39% should be taken for deciding on the
compensation for disability. However, with respect to the other heads,
this Court is of the opinion that there cannot be any enhancement
granted since there is sufficient enhancement in so far as notional
income and disability compensation.Enhancement is made as per the
tabulation below:
Head of Claim Amount awarded Total amount after
Sl. by the Tribunal enhancement in appeal
No. Rs
Rs
1 Loss of earnings 21000 (7000x6) 42000
5 Medical and bystanders 7750 7752
expenses
6 Future treatment 5000 5000
7 Pain and suffering 15000 15000
8 Compensation for 76440 (7000x14x12x39/100)
disability 458640
9 Loss of earning power Not allowed -
Total 1,34,192 5,29,892
Amount enhanced -Rs.5,29,892 - Rs.1,34,192 = Rs.3,95,700/-
4. The Insurance Company shall pay interest for the amounts
awarded by the Tribunal at the rate directed in the impugned award
and for the enhanced amounts at the rate of 5% from the date of
petition. Since there was a delay of 556 days in filing the appeal,
M.A.C.A.No. 1086 of 2006
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interest for the enhanced quantum would not run for the said period.
If any amounts have already been paid, the same shall be granted set
off. The claimant(s) shall produce the details of the Bank account
before the Insurance Company/Tribunal within one month from the
date of receipt of a certified copy of this judgment and amount shall
be transferred to the Bank account directly through NEFT/RTGS mode
within a period of one month thereafter. If the Bank account is not
given within the time stipulated, it is made clear that no interest shall
run on the enhanced amount after the period stipulated by this Court.
However, if the Insurance Company fails to deposit the amount as
directed, interest on the enhanced amount shall also run at the rate
ordered by the Tribunal from the date of petition.
The appeal is allowed to the above extent.
Sd/-K.VINOD CHANDRAN
JUDGE
lsn
